Xi'an city illegal construction penalty measures

Article 1 In order to ensure the implementation of the "Xi'an City Planning Management Measures", punishment of illegal construction, according to the "People's Republic of China *** and the State Administrative Punishments Law" and relevant laws and regulations, combined with the actuality of the city, the formulation of these measures. Article 2 The city's urban areas, suburban areas and the implementation of planning control areas in violation of the "Xi'an City Planning Management Measures" construction of administrative penalties, the application of these measures. Article 3 the implementation of administrative penalties for illegal construction, must be based on facts, to the law as a guideline, adhere to the principle of lawfulness, fairness, openness, combination of punishment and education. Article IV of the administrative penalties provided for in these measures by the city, district urban planning administrative department is responsible for the implementation.

City construction, land, real estate, amenities, cultural relics and gardens, municipal, public utilities, environmental protection, public security, industry and commerce, power supply and other administrative departments, should be in accordance with their respective responsibilities in collaboration with the administrative department of urban planning to do a good job in the implementation of these measures. Article 5 does not handle the construction planning program approval procedures for construction projects, serious impact on municipal infrastructure, education, culture and sports facilities, heritage landscape, landscaping, public **** safety and serious impact on other urban planning projects, ordered to stop construction, demolition or confiscation of illegal buildings, structures or other facilities within a specified period of time.

Demolition of illegal construction projects within a limited period of time, the construction unit or individual shall be demolished in accordance with the deadline set by the administrative department of urban planning. Article 6 does not handle the construction planning program approval procedures for construction projects, affecting urban planning can still take corrective measures, ordered to stop construction, rectification within a specified period of time, to make up for the formalities, and in accordance with the following provisions of the construction unit or individual fines:

(a) new construction, expansion, alteration of buildings and structures, according to the total cost of the illegal construction works, a fine of three to ten percent, used for business activities Ten to fifty percent of the total cost of illegal construction works;

(2) new construction, expansion of roads or laying pipelines, drilling wells, according to the total cost of illegal construction works of three to ten percent of the fine;

(3) street building decoration, renovation, according to the total cost of illegal decoration, renovation works of three to ten percent of the fine. Article VII did not apply for approval of construction planning procedures in the square, tourist attractions and the main street on both sides of the main road to build sculpture, plaques, sketches of buildings, fences, gates, seriously affecting urban planning, shall be ordered to dismantle; affecting urban planning can still be taken to take corrective measures, the deadline for rectification, a warning, and may be imposed by the total price of the construction of the illegal construction works of three to ten percent of the fine. Article VIII has been for construction planning and approval procedures, has not yet received the construction project planning permit and construction project construction license, unauthorized construction, ordered to stop construction, fill in the formalities, and not fill in the formalities, according to the total cost of the construction project of one percent to two percent of the fine. Article 9 violation of the provisions of the construction project planning license, unauthorized changes in the nature of the use of buildings, structures, area, structure, modeling, shall be ordered to make corrections within a certain period of time, and shall be fined from three percent to ten percent of the total cost of the construction project. Article 10 exceeds the construction project planning permit and construction project construction license stipulated in the commencement of the period, without the extension of the commencement of the formalities, shall be ordered to make up the formalities, and if the formalities are not made up, the total cost of the construction project shall be fined less than one percent. Article 11 These Measures shall come into force on the date of promulgation. Article XII of the temporary construction works over the administrative department of urban planning approval of the use of the term is not removed, shall order the removal of the deadline, and according to the total cost of the temporary construction works of three to ten percent of the fine. Article 13 in accordance with these measures to implement administrative penalties, shall be carried out in accordance with the "Chinese people's *** and the administrative penalty law" the procedures and implementation measures.

The unit fined more than one million yuan or individual fined more than 100,000 yuan, the party concerned shall have the right to request a hearing. Article XIV violation of the provisions of these measures, the party refuses to fulfill the administrative department of urban planning ordered to stop construction penalty decision to force the construction, the administrative department of urban planning can be sealed illegal construction of construction equipment, building materials, until the violation is rectified. Article 15 violation of the provisions of these measures, the party refuses to fulfill the administrative department of urban planning to make the decision to remove the illegal construction works, the administrative department of urban planning to organize the demolition or apply to the people's court for execution.

The demolition of illegal construction works by the construction unit or individual bear the cost. Article 16 The illegal construction works of units renovating and repairing houses within two hundred square meters and the illegal construction works of residents and villagers renovating and repairing houses shall be subject to administrative penalties imposed by the competent administrative department of urban planning of the district under whose jurisdiction they are located. Article 17 Anyone who obstructs the administrative department of urban planning in the performance of its duties in accordance with law shall be punished by the public security organs in accordance with the "Regulations of the People's Republic of China on Public Security Administration Punishments"; and if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law. Article 18 The administrative department of urban planning and its staff dereliction of duty, abuse of power, favoritism, solicitation and acceptance of bribes, delay or refusal to perform their legal duties, by its competent department or supervisory and administrative organs of the competent person in charge of the person in charge of the person directly responsible for the administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility according to law; to the parties concerned, the losses caused by the law, shall be compensated. Article 19 The people's governments of the municipal counties, Lintong District and Yanliang District shall refer to the implementation of these measures.